[Adopted as Section 4-1 of the 1982 Compilation; amended
in its entirety 8-7-2018 by Ord.
No. 10-18]
As used in this article, the following terms shall have the
meanings indicated:
Any person, whether a resident of the Borough or not, traveling
by foot, automobile, motor truck or any other type of conveyance,
from place to place, from house to house or from street to street,
carrying, conveying or transporting goods, wares, merchandise, meats,
fish, vegetables, fruits, food, ice cream, fruit ices, soda water,
garden farm products or provisions, offering and exposing the same
for sale or making sales and delivering articles to purchasers. "Auctioneer,"
"hawker," "huckster," "junker," "pawnbroker," "peddler" and "vendor"
shall also be included in this definition.
No person shall engage in the business of a peddler within the
Borough without first obtaining a license. An investigation of the
application shall be made by the Chief of Police to determine that
the person or organization is bona fide. Upon making such a determination
the Chief of Police shall notify the Borough Clerk.
The Borough Clerk upon authorization by the Borough Council
shall grant licenses to such persons as may be proper according to
the provisions of this article to carry on the trade or business or
act in the capacity of a peddler.
The Borough Clerk shall maintain a list of all property owners
who have notified the Borough that they do not wish for any peddler
to enter upon their property for Peddling purposes whether for commercial
or noncommercial purposes. This No Solicitation List will be provided
by the Borough to all licensees and noncommercial purposes whether
or not a license is required. It is requested that no peddler shall
enter upon any private property that is included upon the No Solicitation
List or any households that have posted a sign prohibiting solicitation.
Violators of this section may be subject to fine and/or suspension
or revocation of the license granted under this article.
A.
A license under this article shall expire on the first day of January
next after the same shall have been granted. It shall state the purpose
for which it has been granted and the name of the person licensed.
B.
A license granted to an auctioneer shall designate the store or place
in which the persons receiving such license shall be authorized to
carry on such business, but on special occasions such licensed person
may act as an auctioneer at any other place where the services may
be required.
There shall be charged to each person licensed and paid to the
Treasurer of the Borough as part of the revenue of the Borough the
following licensing fees:
No peddler shall have any exclusive right to any location, nor
shall be permitted to operate in any congested area where the operations
might impede public safety. For the purpose of this article, the judgment
of a Borough police officer, exercised in reasonable and good faith,
shall be deemed conclusive as to whether the area is congested, or
the public's safety impeded.
No person shall sell, offer for sale, hawk or peddle in the Borough any of the items listed in § 132-1 before 9:00 a.m. or after 9:00 p.m., nor on Sundays or holidays. Any request to do so for hours or days other than those stated herein shall be stated on the application to be reasonably approved by the Borough Council. Any approval shall be plainly stated on the license issued by the Borough Clerk.
It shall be the duty of any police officer of the Borough to
require any person seen peddling to produce a peddler's license
and to enforce the provisions of this article against any person found
to be violating the same.
A.
This section shall not be construed to include:
(1)
The delivery of milk, eggs, bread, newspapers or such other
necessary and perishable article of food or merchandise of the type
commonly delivered on a house-to-house basis at intervals of less
than one week.
(2)
Federal census takers and polls or surveys taken pursuant to
federal, state or local laws.
B.
Any veteran or volunteer fireman who holds a special license issued
pursuant to N.J.S.A. 45:24-9 shall be exempt from application for
a license but shall be required to comply with all other applicable
sections of this article.
The equipment used or employed by peddlers of ice cream, foods,
beverages, confections and other related commodities shall be maintained
in a clean and sanitary manner and be subject to the inspection of
the Board of Health or its authorized agent. Any violation found and
not immediately corrected shall be grounds for revocation of the license.
Any license granted under the provisions of this article may
be suspended or revoked by the Mayor upon satisfactory cause shown,
and during the suspension of such license the same shall be inoperative
and void. Any suspension or revocation is subject to the approval
of the Borough Council.
